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Full-Text Articles in Law
Advice From The Bench (Memo): Clerk Influence On Supreme Court Oral Arguments, Timothy R. Johnson, David R. Stras, Ryan C. Black
Advice From The Bench (Memo): Clerk Influence On Supreme Court Oral Arguments, Timothy R. Johnson, David R. Stras, Ryan C. Black
Marquette Law Review
Scholars of the U.S. Supreme Court have long debated the role, and possible influence, of clerks on the decisions their Justices make. In this Paper, we take a novel approach to analyze this phenomenon. We utilize pre-oral argument bench memos sent to Justice Harry A. Blackmun from his clerks. Specifically, we use these memos to determine whether Justice Blackmun asked questions of counsel that were recommended by his clerks in the memos. Our data indicate Justice Blackmun often followed his clerks’ advice. Accordingly, we provide another important link to demonstrate Supreme Court clerks can and do affect how their Justices …
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt
Marquette Law Review
Supreme Court Justices exercise wide discretion when hiring law clerks. The Justices are constrained only by the pool of qualified applicants and by norms of the institution, such as that beginning with Chief Justice Burger’s tenure in 1969 90% of clerks have previously served a clerkship with a federal judge. Previous work finds that ideology structures hiring decisions at the individual clerk level; however, these analyses fail to account for the fact that a Justice hires several clerks each Term—he seeks a winning team, not just a single all-star. Hiring decisions are structuring decisions in which one of a Justice’s …
The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young
The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young
Marquette Elder's Advisor
The law protects posthumous bodily integrity by allowing people to decide what will happen to their bodies after death. This article asks whose rights these laws intend to protect: the rights-holders could consist only of living individuals whose bodies will become the corpses at issue or could include the dead themselves. Whether rights to posthumous bodily integrity belong only to the living or survive death leads to three types of insight. First, the reasons for protecting posthumous bodily integrity are different depending on who the rights-bearers are. Second, to the extent that some laws are more consistent with an approach …
Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig
Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig
Marquette Elder's Advisor
This article focuses on the history and application of the newest type of end-of-life decision-making documents.
Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin
Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin
Marquette Elder's Advisor
Long-term care is subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.